Konstantina NtzemouDie rufschädigende Beendigung des Beschäftigungsverhältnisses eines GmbH-Geschäftsführers

About this book deutschenglish

In the wake of the global financial crisis, the discussion about the self-perception and responsibility of management bodies received a considerable amount of attention. In particular, managing directors of larger companies have become a popular topic of discourse and a target of attack in the public media with regard to their personal liability for entrepreneurial failures and for personal omissions. It is not uncommon for managing directors to be identified in relevant circles with the name of that company due to their work for leading companies, so that entrepreneurial success and failure are linked to the person of the managing director. The position of managing director in companies is characterized in two ways: If the company is successful due to the entrepreneurial actions of the managing director, this is reflected in the market value of the managing director. Conversely, his market value decreases with the failures of the company he manages.

The company often reacts to this by dismissing the managing director from his position. In addition, the company terminates the employment relationship without even having examined and being able to prove the existence of an entrepreneurial error on the part of the managing director. In the free economy, it is not uncommon for employers or, in this case, the company to even terminate the employment without notice for more or less "contrived" reasons.

The loss of such a position not infrequently results in public discredit and a concomitant loss of reputation.

The aim of this dissertation is to develop legal reaction options against arbitrarily pronounced terminations of managing directors. It is examined whether and which legal termination barriers are applicable here and whether measures of the managing director against unjustified terminations can be derived from this.

Among other things, the focus will be on the question of whether an arbitrary termination damages the reputation of the managing director. In this context, considerations will be made as to whether and how the "reputation" of a businessman can be covered by legal construction.

Ihr Werk im Verlag Dr. Kovač

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Dissertation veröffentlichen